Government responds to petition on planning changes

The Department for Communities and Local Government have responded this morning to a petition urging Government to "stop destruction of British archaeology" released following the announcement of the Neighbourhood Planning and Infrastructure Bill in the Queens Speech on 18 May.

A joint CIfA, CBA, and ALAGO:England statement has been prepared in response and can be accessed here

CIfA welcomes the assurances that Government supports the aims of conserving the historic environment and that archaeological conditions are not among those expected to be curtailed by the Bill and also welcomes the Government's intention to work with the archaeological sector in developing the Bill. However, it is worth noting that the wider planning reform agenda continues to put pressure on archaeological protections due to widespread deregulation in the name of increasing house-building and speeding up planning processes. In addition, the continued squeeze on resources within local planning authorities means that archaeology is being seriously threatened by new demands, such as those implied by new proposed means of granting 'permission in principle' for brownfield sites and those allocated in local and neighbourhood plans. In short, CIfA believes that the current trends within planning are for streamlined systems which come at the cost of eroded protections for the environment and greater burdens on local authority specialists at a time when they are in decline due to budget cuts. Whether intentional or not, it is clear that planning reforms are not being developed with broader social, cultural, and environment benefits in mind, and that this undermines the purpose of sustainable development.

CIfA will continue to advocate on these issues along with colleagues in the sector and asks that members who signed the petition remain vigilant to these ongoing threats, including by contacting MPs and local Councillors to ask that they recognise and support the continued protection of archaeology through the planning system.

The statement reads:

"Government actively supports the use of planning conditions where necessary to protect the wider social, cultural and environmental benefits that conservation of the historic environment can bring.

"The Queen’s Speech of 18 May announced Government proposals to introduce a power in the Neighbourhood Planning and Infrastructure Bill which would ‘ensure that pre-commencement planning conditions are only imposed by local planning authorities where they are absolutely necessary’. However, concern was expressed by some that the use of planning conditions to require archaeological excavations would be curtailed by the Bill. This interpretation does not accurately represent the Government’s intention.

"The proposed power is to help address the urgent need to tackle the overuse of ‘pre-commencement’ conditions which prevent development, including new homes, from starting until the local planning authority has approved certain details. The measure will not restrict the ability of local planning authorities to propose conditions that are necessary. In the unlikely event that an applicant refuses to accept a necessary pre-commencement condition proposed by a local planning authority, the authority can refuse planning permission. This will maintain appropriate protections for important matters such as heritage, as well as human health, the natural environment, green spaces, and measures to mitigate the risk of flooding.

"We are not proposing that all pre-commencement conditions are removed; only that they are used proportionately and provide the applicant with an opportunity to agree to them before they are attached to planning permission. The process envisaged by the Government is that the local planning authority will notify applicants of any proposed pre-commencement conditions before the determination of an application. Most applicants are already aware of likely conditions through early engagement with the authority, at which point they can challenge any pre-commencement conditions which may be unnecessary or can be fulfilled at a later date (i.e. during build); ensuring construction can go ahead without delay.

"The National Planning Policy Framework remains unchanged in that it requires “developers to record and advance understanding of the significance of any heritage assets to be lost (wholly or in part) in a manner proportionate to their importance and the impact, and to make this evidence (and any archive generated) publicly accessible.”

"In conclusion, the Government values the petition in highlighting the importance of archaeology and the historic environment as a material consideration in the planning process, and will continue to engage fully with the sector during the passage of the Bill and beyond."

For more information on how you can get involved with writing to your MP, you can read about the Power of Archaeology campaign via the Council for British Archaeology.

The joint statement form CIfA, CBA, and ALGAO:England, released last Friday, can be found here.